HOUSTON, Texas (KTRK) — For the first time, jurors are hearing the 911 call made by a robbery victim who admitted to opening fire in a chain of events that ultimately led to the death of 9-year-old Arlene Alvarez.
Tony Earls, the man who made that call, is on trial for manslaughter. Prosecutors say one of the bullets he fired struck and killed Arlene as she rode in a truck with her family on their way to dinner in February 2022.
The shooting occurred as part of a series a events that began when Earls and his wife were robbed at an ATM on Woodridge in the Gulfgate area. At the same time, Arlene’s family was driving by. Earls’ defense attorney claims he opened fire in self-defense, believing the suspect was shooting at him. However, prosecutors argue that Earls was the only person firing a weapon and that his actions were reckless.
In court on Thursday, jurors listened to the 911 call in which Earls described what happened.
“A guy pulled up. He put the gun up to my wife’s face,” Earls told the dispatcher. “I had my gun in my waist. We played it cool, we gave him everything he needed, and when he got ready to leave, he started shooting. So I draw my gun and I shot back.”
However, an expert from the Harris County District Attorney’s Office testified that surveillance footage never showed the suspect firing at Earls. Prosecutors allege that Earls lied during the call and was not returning fire, as he claimed.
Most of Thursday’s proceedings focused on forensic evidence and crime scene photographs, including one that showed the hole where one of Earls’ bullets pierced the Alvarez family’s truck and fatally struck Arlene.
The 35-year-old defendant hung his head at times during what was the second day of testimony.
During the 911 call, he and his wife also claimed there were two suspects. Whether that was a mistake, a lie, or a traumatic misperception is something the jury will have to consider.
There were also some contentious moments outside the presence of the jury on Thursday. Defense attorneys Anthony Osso and Ed McClees were upset that the State gave them demonstrative evidence, in the form of a video, late Wednesday night. They argued they needed more time to prepare.
Testimony is scheduled to resume on Friday morning, with Arlene’s mother expected to take the stand in the coming days.
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